Written Answers Friday 16 December 2005

Scottish Executive

Alcohol Misuse

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive what action it is taking to reduce alcohol-related road deaths.

Tavish Scott: The Scottish Executive provides funding to Road Safety Scotland for the development of key road safety education initiatives and publicity messages. Road Safety Scotland provides publicity to complement enforcement campaigns, focussing on drink driving, organised by the Association of Chief Police Officers in Scotland. Road Safety Scotland has arranged radio advertising, beer-mats and posters in support of the police festive drink drive campaign launched on 5 December.

  Road Safety Scotland’s current strategy for drink drive publicity is informed by research, published by the Scottish Executive in 2004, on the Evaluation of the 2003-04 Festive Drink Drive Campaign undertaken by the Association of Chief Officers of Police in Scotland. The research is enabling Road Safety Scotland to target specific messages at key groups. Copies of the research report are available in the Scottish Parliament Information Centre (Bib. number 34045).

Ferry Services

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive, in light of proposed dismissals of Irish seafarers by Irish Ferries, part of the Irish Continental Group, what additional safeguards will be put in place during the pre-qualification process for the contract to run the Clyde and Hebrides lifeline ferry services in order for the Executive to fulfil its commitment to protecting the interests of the workforce and the communities dependent on the lifeline services.

Tavish Scott: The Scottish Executive is committed to protecting the interests of the workforce of Caledonian MacBrayne and the communities it serves.

  In line with the relevant regulations (the Public Service Contracts Regulations), prospective bidders at the pre-qualification stage may only be required to show that they understand the project’s requirements and are likely to be able to undertake the work adequately. At the pre-qualification stage a contracting authority cannot take into account which providers it thinks are likely to submit the best proposals for carrying out the specific project, or (for example) has the best, or better, employment policies than other bidders.

  However, in relation to protecting the interests of the workforce the subsequent Invitation to Tender document will invite bids on the basis that the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) applies. This provides some protection for the CalMac workforce. However, we are also aware that TUPE offers protection only at the point of transfer. It is still possible that a prospective operator could contemplate replacing the current staff with others on different terms and conditions. Consequently, we will include provisions in the contract, and make it clear to the bidders that, if this were pursued, the new operator would have to pay for any redundancy or other compensation involved, and that such payments would not qualify for subsidy. These would have to be met from the operator’s own resources. In addition, any saving of staff costs that arose would be clawed back through an equivalent reduction in subsidy. This will create a disincentive to an operator to propose an approach involving replacement of the existing staff.

Ferry Services

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive, in light of the proposed dismissals of Irish seafarers by Irish Ferries, part of the Irish Continental Group, what other factors besides costs will be considered when evaluating bids for the contract to run the Clyde and Hebrides lifeline ferry services and what measures will be put in place to ensure a rigorous pre-qualification process.

Tavish Scott: Potential operators and their proposals will be heavily scrutinised. The first stage of that process, the pre-qualification stage, considers their ability to provide the service. This involves looking at their financial standing, standards of ability and technical capacity including experience and safety record. For those bidders that pass the first stage, the second stage requires them to put together a very detailed bid explaining how they would provide the service. The proposals will be scrutinised closely. To pass this stage, operators must convince the Executive that the standard of service for users would be at least as good as that currently provided by CalMac. The final stage looks at the bid for subsidy. However, only those bidders who have demonstrated that they are capable of delivering the service to the required standard will reach this stage.

Ferry Services

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive what steps will be taken to ensure that existing workforce agreements, applicable to the Caledonian MacBrayne workforce, are protected after tendering the Clyde and Hebrides lifeline ferry services.

Tavish Scott: The Executive is of the view that the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) is likely to be applicable to any staff transfer arising from the tendering of the Clyde and Hebrides ferry services. This means that transferring employees would be entitled to be employed on the same terms and conditions as they had at the point of transfer. However, the contract will also include mechanisms to protect the terms and conditions of the existing workforce during the contract period.

Ferry Services

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive what steps will be taken to ensure the protection of the existing trade union recognition agreements for workers employed by Caledonian MacBrayne on the Clyde and Hebrides lifeline ferry services.

Tavish Scott: The service specification for the tendering process will recognise the role of the trade unions and will seek information from potential operators on how they intend to work and develop relations with those organisations. The successful operator will be expected to work in partnership with the relevant trade unions.

Ferry Services

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Executive whether it has given authority for Caledonian MacBrayne to transfer contracts of employment for Clyde and Hebrides ferry workers offshore.

Tavish Scott: We advised Caledonian MacBrayne in April 2005 that we would be content were it to decide to introduce offshore crewing, on the basis that this is normal practice within the UK shipping industry.

Ferry Services

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Executive whether it will lose any revenue resulting from the proposed transfer of Clyde and Hebrides ferry workers contracts offshore and, if so, how much.

Tavish Scott: The Exchequer funding that is made available annually to the Scottish Executive would not change as a consequence of a decision by Caledonian MacBrayne to introduce offshore crewing arrangements.

Ferry Services

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Executive whether it has examined the impact on staff terms and conditions and rights to state benefits of transferring contracts of employment for Clyde and Hebrides ferry workers offshore.

Tavish Scott: It is for Caledonian MacBrayne as employer of the staff concerned to consider such matters and I understand that it has made a detailed assessment of the effect of a decision to introduce offshore crewing would have on the staff concerned.

  The company wrote to all of its staff 4 November 2005 as part of a 90 day consultation process on its offshore crewing proposals, providing a detailed explanation of the implications for terms and conditions and the right to state benefits. In doing so, it confirmed that the terms and conditions of staff employed through an offshore company would be unchanged and would transfer, together with continuous service rights, to an offshore crewing company that would be established as a subsidiary of Caledonian MacBrayne.

Ferry Services

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Executive what examination it has carried out into whether the transfer of Clyde and Hebrides ferry workers contracts offshore could further jeopardise security of employment for these workers in the event of Caledonian MacBrayne not gaining the contract to run the lifeline services.

Tavish Scott: Should Caledonian MacBrayne proceed and implement their offshore crewing proposals prior to the start of the new contract this will have no impact on the security of employment for the Caledonian MacBrayne workforce. The Invitation to Tender will invite bids on the basis that the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) applies and the staff will transfer, should another operator win the contract. Recent case law strengthens the view that TUPE will apply. In addition, offshore status will not affect the more general protection available to employees under UK employment law. Employees would continue to be employed within the UK and on UK flagged vessels. As such they would continue to have the same statutory rights they currently enjoy in relation to their employment.

Further Education

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive what support it has provided to Clydebank College and how many students have attended it in each year since 1996-97.

Nicol Stephen: The funding council and its predecessors provided funding as follows:

  

Year
Support (£)
Enrolments*


1996-97
6,574,925
6,770


1997-98
7,432,900
7,290


1998-99
8,346,450
9,485


1999-2000
 8,386,494
10,660


2000-01
 9,058,602
12,080


2001-02
13,078,008
12,095


2002-03
11,669,139
12,495


2003-04
10,021,016
10,945


2004-05
12,016,343
-



  Notes:

  *Numbers have been rounded to the nearest five.

  1. Figures relating to student activity are kept on the basis of enrolments. A student may enrol on more than one course. Enrolment figures for 2004-05 are not yet available.

  2. The figures shown under "Support" represent the initial grant-in-aid allocation, bursary funding (from 1997-98) and any additional funding allocated to Clydebank College by the Scottish Office Enterprise and Industry Department and subsequently by the Scottish Further Education Funding Council.

International Relations

Susan Deacon (Edinburgh East and Musselburgh) (Lab): To ask the Scottish Executive what proportion of the International Development Fund has been allocated to supporting projects which improve reproductive health, giving a breakdown of such projects, including any in Malawi.

Patricia Ferguson: Of the 34 successful 1st round projects, 12 will contribute either directly or indirectly to the improvement in reproductive health, with seven of these based in Malawi.

  Of the £9 million International Development Fund to be allocated over three years £2,043,000 has been allocated following the first bidding round to projects making a contribution to improving reproductive health, with £1,770,000 of this being allocated to Malawi projects.

  Details of projects are available at: http://www.scotland.gov.uk/News/News-Extras/intdevfundnov2005.

  A further project – the Midwifery Obstetric Emergency Course training that will be delivered by Simpson’s Maternity Hospital – is not listed in this link as it was funded separately after the First Minister’s announcement of funding during his visit to Malawi in May 2005

International Relations

Susan Deacon (Edinburgh East and Musselburgh) (Lab): To ask the Scottish Executive which of the projects it is supporting in Malawi will contribute to meeting the health needs of women.

Patricia Ferguson: I refer the member to the answer to question S2W-21358 on 16 December 2005, which confirms that the information on all projects is available at: http://www.scotland.gov.uk/News/News-Extras/intdevfundnov2005 .

  All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at: http://www.scottish.parliament.uk/webapp/wa.search.

Prison Service

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S2W-20865 by Cathy Jamieson on 29 November 2005, who would be responsible for payment of damages to the family of James Barclay if the family was awarded damages by the court.

Cathy Jamieson: The responsibility for the payment of any damages would depend on the terms of any court judgement.

Road Safety

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive what new road safety projects have been supported in the (a) West Dunbartonshire and (b) East Dunbartonshire local authority area in each of the last eight years.

Tavish Scott: Local authorities are responsible for safety on local roads in their area. Scottish ministers provide local authorities with revenue and capital allocations for expenditure on a number of services, including roads and transport, which may be used for local road safety projects. Specific support has been provided since 2000 for cycling, walking and safer streets projects, including safer routes to school (CWSS): prior to that there was no specific grant schemes in this area. Support has been provided since 2003 for 20mph schemes around schools, related safety projects and home zones (20mph); a child pedestrian training pilot in West Dunbartonshire (CPTP), and funding for new school travel co-ordinator posts (STC). Accident investigation and prevention (AIP) measures have also been carried out on trunk roads in West Dunbartonshire. The level of support by financial year is given in the following table.

  

Council
Year
Project
Support(£)


West Dunbartonshire
2000-01
CWSS
98,000


2001-02
CWSS
57,000


AIP
96,855


2002-03
CWSS
87,000


CPTP
22,500


2003-04
CWSS
151,000


20mph
101,000


CPTP
30,000


STC
14,000


 
AIP
30,048


2004-05
CWSS
151,000


20mph
220,000


CPTP
30,000


STC
19,000


 
AIP
8,796


2005-06
CWSS
159,000


20mph
220,000


CPTP
7,500


STC
19,000


East Dunbartonshire
2000-01
CWSS
114,000


2001-02
CWSS
66,000


2002-03
CWSS
101,000


2003-04
CWSS
176,000


20mph
99,000


STC
16,900


2004-05
CWSS
175,000


20mph
220,000


STC
23,000


2005-06
CWSS
185,000


20mph
220,000


STC
23,000

Roads

Mr David Davidson (North East Scotland) (Con): To ask the Scottish Executive whether there will be further public consultation following the announcement of a different route for the Aberdeen Western Peripheral Route from that of the five options consulted on by the former Minister for Transport.

Tavish Scott: We will be discussing throughout next year the implications of the developing design with affected parties and statutory bodies. Formal consultation will then take place in association with the publication of the draft Roads Orders and Compulsory Purchase Order.

Roads

Mr David Davidson (North East Scotland) (Con): To ask the Scottish Executive whether it will publish the schemes of compensation for those properties affected by the new Aberdeen Western Peripheral Route, including timescales for application, scales of payments, details of proximity qualification and total budget available.

Tavish Scott: A leaflet entitled A guide to the compulsory purchase process and compensation is available and can also be downloaded from the Aberdeen Western Peripheral Route scheme website: http://www.awpr.co.uk/downloads/awpr_a_guide_to_cppc.pdf .

  It is too early to say what properties will qualify for compensation. An allowance has been made for compensation within the overall scheme budget which will be subject to detailed negotiations once the detailed design is complete.

Roads

Mr David Davidson (North East Scotland) (Con): To ask the Scottish Executive when a Scottish Transport Appraisal Guidance assessment of the new Stonehaven to Milltimber section of the Aberdeen Western Peripheral Route will be completed.

Tavish Scott: We expect to complete and publish a STAG part 1 assessment within the next few months.

Scottish Executive Procurement

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive, further to the answer to question S2W-18913 by Mr Tom McCabe on 13 September 2005, what further progress can be reported in relation to the publication of the Construction Procurement Manual, announced during the Parliamentary debate which followed the publication of the Holyrood Inquiry report.

Mr Tom McCabe: The Construction Procurement Manual will be published on the Scottish Executive’s website today. Along with complementary changes to the Scottish Public Finance Manual , the revised guidance addresses a number of measures relating to the procurement and management of major capital projects including: mandatory use of the independent Gateway Review process on high-risk or mission-critical projects exceeding £5 million budget, clearer decision-making and accountability in relation to choice of procurement route, and clarification of appointment processes for design teams in accordance with EU procurement rules.

  As Lord Fraser’s report acknowledged, the circumstances of the Holyrood project might be regarded as exceptional. Since 1999 many improvements have already been implemented by the Executive, including publication of the Construction Client Pack and the introduction of Gateway Reviews. The further improvements incorporated in the new Construction Procurement Manual and in the revisions to the Scottish Public Finance Manual should help ensure that other Scottish public projects do not experience similar difficulties in future.

  The Construction Procurement Manual will be available at: www.scotland.gov.uk/topics/Planning-Building/Construction.

Correction

The reply to question S2W-21293, which was originally answered on 12 December 2005, has been corrected: see page 6779 or http://www.scottish.parliament.uk/business/pqa/wa-05/wa1215.htm.